[Amended 5-11-2010 by Ord. No. 2236; 6-7-2010 by Ord. No. 2239]
Within the limits of the Borough of Hasbrouck Heights, no person,
firm or corporation shall conduct the business of the sales of motor
vehicles principally by electronic means such as internet, telephone
or fax communications without first obtaining and having in full force
and effect not only such license as may be required by the State of
New Jersey but also a license as provided hereunder. Exempt from this
requirement are persons, firms or corporations who or which occasionally
and not regularly sell by such electronic means a motor vehicle that
he, she or it owns, possesses or uses for purposes other than resale.
All such licences shall be for a term of one year commencing on the
first day of March and ending on the last day of the following February.
All licenses shall expire on the last day of the following February
regardless of the date of issuance or reinstatement.
The licensed place or premises upon which such licensed activity
is to be conducted shall at all times comply with all police, fire
and zoning regulations imposed by any other law or ordinance, and
said business and the place and premises where conducted shall be
subject at all times to reasonable inspection by the police, fire,
zoning and health authorities of the Borough of Hasbrouck Heights.
Any license issued under this chapter may be revoked, after
notice of the grounds therefor and a hearing upon no less than 14
days notice before by the Borough Council or a duly authorized committee
of the Borough Council. Said hearing may be initiated upon the recommendation
of the Chief of Police if he determines that there are reasonable
grounds to do so, such grounds for revocation being the same grounds
upon which the Chief of Police may refuse to consent to and approve
the issuance of such license as set forth in § 181-3D and
E above. The Chief of Police shall cause there to be served upon any
adult person appearing to be in charge of the offending licensed premises
during the regular business hours thereof a notice of his intention
to seek revocation and a statement of the reasons therefor. The licensee
shall have three business days from the service of said notice to
cure the violations charged by the Chief of Police. Unless the licensee
shall cure the said violations within that time, the Chief of Police
shall notify the governing body of his intention to seek revocation.
Upon the adoption by the governing body of the resolution revoking
the license, the Chief of Police shall be authorized to cause the
premises to be vacated and the business operation to cease. Thereafter,
the licensee shall be afforded a hearing before the governing body
or a committee appointed by the Borough Council appealing the revocation
of such license upon the filing of a new application in the form hereinbefore
provided and upon the filing of the required fee for reinstatement.
Nothing herein shall prevent the licensee from seeking an appeal within
thirty days to the Superior Court where said licensee shall be entitled
to a trial de novo.
There shall be charged and collected for said license an annual fee as provided in Chapter
133, Fees.
In addition to the license revocation as hereinbefore provided, any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to a fine or imprisonment, or both, at the discretion of the court imposing sentence pursuant to Chapter
204 of this Code.